California 2009-2010 Regular Session Status: To Executive

AB 443 — Apple pests: pest and disease prevention.

Last action — Consideration of Governor's veto stricken from file.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2009-2010 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Existing law provides that there is in state government the California Apple Commission, comprised of apple handlers and producers, which may recommend to the Secretary of Food and Agriculture maturity standards, enforce laws related to apple production, and promote the sale of apples. This bill, the California Apple Pest and Disease Prevention Act of 2009 (the act) , would provide that no person may handle apples in this state to which certain adopted regulations apply, except as specified. The bill would also provide that it is a crime to handle apples or to fail to meet specified reporting duties or pay required assessments in violation of these provisions. Because this bill would create new crimes, this bill would impose a state-mandated local program. This bill would require the secretary to appoint a committee of 11 individuals from nominations received from the California Apple Commission to administer these provisions. The bill would provide that the duties of the committee, with concurrence by the secretary, include making recommendations to the secretary of designated pests and diseases not already present or identified in California as of January 1, 2007, and of the adoption of regulations establishing terms and conditions for handling apples to prevent the introduction and spread of designated pests or diseases. The bill would also require the secretary to establish a panel to advise the committee and the secretary by providing information regarding the biology and known control methods for the pests and diseases under consideration by the committee. This bill would provide that the Department of Food and Agriculture may investigate complaints referred by the commission and levy civil penalties against persons who violate the act not exceeding $5,000, as specified. The bill would require the secretary to use all funds received under the act for purposes of the act. The bill would make other conforming changes. Existing law authorizes the commission to establish an annual assessment rate to defray the operating costs of the commission. This bill would instead require the commission to be responsible for all costs associated with the act and require the commission to establish an annual assessment rate to defray the costs of the act if the commission's current assessment is deemed not sufficient to cover the costs of the commission or the department associated with the act. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

Bill Text

Action History

  1. Consideration of Governor's veto stricken from file.

  2. Consideration of Governor's veto pending.

  3. Vetoed by Governor.

  4. Enrolled and to the Governor at 2:45 p.m.

  5. Senate amendments concurred in. To enrollment. (Ayes 75. Noes 2. Page 2901.)

  6. Assembly Rule 77 suspended. (Page 2889.)

  7. In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 3 pursuant to Assembly Rule 77.

  8. Read third time, passed, and to Assembly. (Ayes 31. Noes 1. Page 2020.)

  9. Read second time. To third reading.

  10. From committee: Do pass. (Ayes 9. Noes 0.) (August 17).

  11. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR.

  12. In committee: Hearing postponed by committee.

  13. (Page 1804.)

  14. Joint Rule 62(a) suspended.

  15. From committee: Do pass, and re-refer to Com. on APPR. Re-referred. (Ayes 3. Noes 0.) (July 7).

  16. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on F. & A.

  17. Referred to Com. on F. & A.

  18. In Senate. Read first time. To Com. on RLS. for assignment.

  19. Read third time, passed, and to Senate. (Ayes 79. Noes 0. Page 1841.)

  20. Read second time. To third reading.

  21. From committee: Do pass. (Ayes 17. Noes 0.) (May 28).

  22. In committee: Set, first hearing. Referred to APPR. suspense file.

  23. Re-referred to Com. on APPR.

  24. Read second time and amended.

  25. From committee: Amend, do pass as amended, and re-refer to Com. on APPR. (Ayes 8. Noes 0.) (April 15).

  26. Referred to Com. on AGRI.

  27. From printer. May be heard in committee March 27.

  28. Read first time. To print.

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 1 co-sponsors · 120 not signed on

Sponsors (1)

  • Galgiani

Co-sponsors (1)

Not signed on (120)

120 members have not signed on to this bill.

Show all 120 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passed 87 Yea · 2 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 81202
Democratic 3000
Republican 3000
Total 87202
% of votes cast 96%2%0%2%
How each member voted (91)
Member Party Vote
Hall — Not Voting
Charles — Yea
Evans — Yea
Feuer — Yea
Fuller — Yea
Furutani — Yea
Garrick — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Gilmore — Yea
Hagman — Yea
Fletcher — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
John — Yea
A. — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Audra — Yea
Chesbro — Yea
Brownley — Yea
Conway — Yea
Coto — Yea
Duvall — Yea
Hayashi — Yea
Hernandez — Yea
Huber — Yea
Huffman — Yea
Knight — Nay
Krekorian — Yea
Logue — Yea
Mendoza — Yea
Monning — Yea
Nestande — Yea
Ruskin — Yea
Silva — Yea
Smyth — Yea
Solorio — Yea
Torlakson — Yea
Torres — Yea
Tran — Yea
Villines — Yea
Bill — Yea
Tom — Yea
Ammiano — Yea
Beall — Yea
Blakeslee — Yea
Miller — Nay
Adams — Yea
Anderson — Yea
Bass — Yea
Block — Yea
Blumenfield — Yea
Buchanan — Not Voting
Harkey — Yea
Hill — Yea
Jeffries — Yea
Lieu — Yea
Ma — Yea
Nava — Yea
Nielsen — Yea
Skinner — Yea
Swanson — Yea
Torrico — Yea
Carter — Yea
Cook — Yea
Emmerson — Yea
Eng — Yea
Davis — Yea
DeVore — Yea
Yamada — Yea
Fuentes — Yea
Galgiani — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bill Berryhill — Yea
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Strickland, Tony Republican Yea

Official roll call →

Passed 32 Yea · 1 Nay · 8 Other
Party YeaNayPresentNot Voting
Unaffiliated 31106
Republican 1000
Democratic 0002
Total 32108
% of votes cast 78%2%0%20%
How each member voted (41)
Member Party Vote
Yee — Yea
Hancock — Not Voting
Wyland — Yea
Lowenthal — Yea
Negrete — Yea
Runner — Yea
Hollingsworth — Not Voting
Cogdill — Yea
Huff — Yea
Leno — Yea
Liu — Yea
Ducheny — Yea
McLeod — Yea
Oropeza — Yea
Price — Yea
Romero — Yea
Alquist — Yea
Ashburn — Not Voting
Benoit — Yea
Dutton — Not Voting
Simitian — Yea
Steinberg — Yea
Wiggins — Yea
Wolk — Yea
Aanestad — Yea
Harman — Not Voting
Kehoe — Yea
Maldonado — Yea
Pavley — Yea
Walters — Yea
Wright — Yea
Cedillo — Yea
Corbett — Yea
Correa — Nay
Cox — Yea
DeSaulnier — Not Voting
Denham — Yea
Florez — Yea
Calderon, Lisa Democratic Not Voting
Padilla, Stephen C. Democratic Not Voting
Strickland, Tony Republican Yea

Official roll call →

Do pass.

Passed 9 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 9004
Total 9004
% of votes cast 69%0%0%31%
How each member voted (13)
Member Party Vote
Yee — Yea
Runner — Not Voting
Hancock — Not Voting
Corbett — Yea
Kehoe — Yea
Leno — Yea
Oropeza — Not Voting
Walters — Yea
Wolk — Yea
Price — Yea
Wyland — Not Voting
Cox — Yea
Denham — Yea

Official roll call →

Passed 91 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 85001
Democratic 3000
Republican 3000
Total 91001
% of votes cast 99%0%0%1%
How each member voted (92)
Member Party Vote
Hagman — Yea
Carter — Yea
Chesbro — Yea
Conway — Yea
Cook — Yea
Bill — Yea
Tom — Yea
Eng — Yea
Feuer — Yea
Charles — Yea
Fuentes — Yea
Fuller — Yea
Galgiani — Yea
Garrick — Yea
Gilmore — Yea
Hall — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Harkey — Yea
Hernandez — Yea
Fletcher — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
Anderson — Yea
Beall — Yea
Coto — Yea
Davis — Yea
Duvall — Yea
Hill — Yea
Huffman — Yea
Jeffries — Yea
Lieu — Yea
Logue — Yea
Ma — Yea
Mendoza — Yea
V. — Yea
Manuel — Yea
Perez — Yea
John — Yea
A. — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Audra — Yea
Miller — Yea
Bass — Yea
Monning — Yea
Nava — Yea
Nestande — Yea
Price — Yea
Silva — Yea
Smyth — Yea
Solorio — Yea
Swanson — Yea
Torlakson — Yea
Torrico — Yea
Tran — Yea
Adams — Yea
Ammiano — Yea
Blakeslee — Yea
Block — Not Voting
Blumenfield — Yea
Brownley — Yea
Buchanan — Yea
Hayashi — Yea
Huber — Yea
Knight — Yea
Krekorian — Yea
Nielsen — Yea
Ruskin — Yea
Skinner — Yea
Torres — Yea
Villines — Yea
Emmerson — Yea
Evans — Yea
DeVore — Yea
Yamada — Yea
Furutani — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bill Berryhill — Yea
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass.

Passed 22 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 20000
Democratic 1000
Republican 1000
Total 22000
% of votes cast 100%0%0%0%
How each member voted (22)
Member Party Vote
Fuentes — Yea
Hall — Yea
Harkey — Yea
Charles — Yea
Krekorian — Yea
De — Yea
Leon — Yea
John — Yea
A. — Yea
Perez — Yea
Audra — Yea
Ammiano — Yea
Duvall — Yea
Miller — Yea
Skinner — Yea
Solorio — Yea
Nielsen — Yea
Price — Yea
Torlakson — Yea
Davis — Yea
Calderon, Lisa Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Subjects

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Frequently asked questions

What does AB 443 do?
Existing law provides that there is in state government the California Apple Commission, comprised of apple handlers and producers, which may recommend to the Secretary of Food and Agriculture maturity standards, enforce laws related to apple production, and promote the sale of apples. This bill, the California Apple Pest and Disease Prevention Act of 2009 (the act) , would provide that no person may handle apples in this state to which certain adopted regulations apply, except as specified. The bill would also provide that it is a crime to handle apples or to fail to meet specified reporting duties or pay required assessments in violation of these provisions. Because this bill would create new crimes, this bill would impose a state-mandated local program. This bill would require the secretary to appoint a committee of 11 individuals from nominations received from the California Apple Commission to administer these provisions. The bill would provide that the duties of the committee, with concurrence by the secretary, include making recommendations to the secretary of designated pests and diseases not already present or identified in California as of January 1, 2007, and of the adoption of regulations establishing terms and conditions for handling apples to prevent the introduction and spread of designated pests or diseases. The bill would also require the secretary to establish a panel to advise the committee and the secretary by providing information regarding the biology and known control methods for the pests and diseases under consideration by the committee. This bill would provide that the Department of Food and Agriculture may investigate complaints referred by the commission and levy civil penalties against persons who violate the act not exceeding $5,000, as specified. The bill would require the secretary to use all funds received under the act for purposes of the act. The bill would make other conforming changes. Existing law authorizes the commission to establish an annual assessment rate to defray the operating costs of the commission. This bill would instead require the commission to be responsible for all costs associated with the act and require the commission to establish an annual assessment rate to defray the costs of the act if the commission's current assessment is deemed not sufficient to cover the costs of the commission or the department associated with the act. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
Who sponsors AB 443?
AB 443 is sponsored by Galgiani and Bill Berryhill.
What is the current status of AB 443?
This bill died with 2009-2010 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 443?
Track AB 443 free on One Click Politics — get push/email alerts when it moves.

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